TEC 28.0213
Texas Education Code § 28.0213. Intensive Program of Instruction.

(a) A school district shall offer an intensive program of instruction to a student who:
      (1) does not perform satisfactorily on an assessment instrument administered under Subchapter B, Chapter 39; or
      (2) is not likely to receive a high school diploma before the fifth school year following the student’s enrollment in grade nine, as determined by the district. 

(b) A school district shall design the intensive program of instruction described by Subsection (a) to:
      (1) enable the student to:        
           (A) to the extent practicable, perform at the student's grade level at the conclusion of the next regular school term; or        
           (B) attain a standard of annual growth specified by the school district and reported by the district to the agency; and     
      (2) if applicable, carry out the purposes of Section 28.0211. 

(c) A school district shall use funds appropriated by the legislature for an intensive program of instruction to plan and implement intensive instruction and other activities aimed at helping a student satisfy state and local high school graduation requirements. The commissioner shall distribute funds to districts that implement a program under this section based on the number of students identified by the district who:     
      (1) do not perform satisfactorily on an assessment instrument administered under Subchapter B, Chapter 39; or     
      (2) are not likely to receive a high school diploma before the fifth school year following the student's enrollment in grade nine, as determined by the district. 

(d) A school district's determination of the appropriateness of a program for a student under this section is final and does not create a cause of action. 

(e) For a student in a special education program under Subchapter A, Chapter 29,  who does not perform satisfactorily on an assessment instrument administered under Section 39.023(a) , (b) , or (c) , the student's admission, review, and dismissal committee shall design the program to:     
      (1) enable the student to attain a standard of annual growth on the basis of the student's individualized education program; and   
      (2) if applicable, carry out the purposes of Section 28.0211 . 


Last Amended: 83rd Leg., R.S., ch. 1354, Sec. 3, eff. June 14, 2013
Entered: August 6, 2013
SBS